Privacy Act Regulations; Exemption for the Investigations Case Management System, 67267-67270 [2016-23707]

Download as PDF Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules facilities subject to the final rule establishing pretreatment standards under the Clean Water Act (CWA) for discharges of pollutants into publicly owned treatment works (POTWs) from onshore unconventional oil and gas (UOG) extraction facilities. EPA proposes these revisions in response to new information received after promulgation of the rule suggesting that there are likely facilities subject to the final rule not presently meeting the zero discharge requirements in the final rule. DATES: Written comments must be received by October 31, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. [EPA–HQ– OW–2016–0598], at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. For more information, see EPA’s Web site: https://www.epa.gov/eg/ unconventional-oil-and-gas-extractioneffluent-guidelines. For technical information, contact Karen Milam, Engineering and Analysis Division (4303T), Office of Water, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone: 202–566–1915; email: milam.karen@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Does this action apply to me? Entities potentially regulated by this final action include: North American Industry Classification System (NAICS) code Category Example of regulated entity Industry ................................................ Industry ................................................ Crude Petroleum and Natural Gas Extraction .................................................. Natural Gas Liquid Extraction ........................................................................... asabaliauskas on DSK3SPTVN1PROD with PROPOSALS II. Why is EPA issuing this proposed rule? This document proposes to establish a compliance date for pretreatment standards for existing onshore unconventional oil and gas extraction facilities within the Oil and Gas Extraction Point Source Category that differs from the date specified in the preamble to that final rule (81 FR 41845, June 28, 2016). We have published a direct final rule to extend the compliance date to August 29th, 2019 for existing sources that were lawfully discharging UOG wastewater to POTWs on or between the date of the Federal Register Notice of the proposed rule (April 7, 2015) and the date of the Federal Register Notice of the final rule (June 28, 2016) in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a noncontroversial action and anticipate no adverse comment. For purposes of this proposed rule, compliance date and implementation date are used interchangeably. We have explained our reasons for this action in the preamble to the direct final rule. If no adverse comments are received, the direct final rule will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule. EPA will not consider any comment submitted on the proposed rule VerDate Sep<11>2014 18:55 Sep 29, 2016 Jkt 238001 published today on any topic other than the appropriateness of an extension of the compliance date; any other comments will be considered to be outside the scope of this rulemaking. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information, please see the information provided in the ADDRESSES section of this document. III. Where is the location of regulatory text for this proposal? The regulatory text for this proposal is identical to that for the direct final rule published in the Rules and Regulations section of the Federal Register. For further supplemental information, the detailed rationale for the proposal, and the regulatory revisions, see the information provided in the direct final rule published in the Rules and Regulations section of this Federal Register. IV. Statutory and Executive Order Reviews For a complete discussion of all of the administrative requirements applicable to this action, see the direct final rule in the Rules and Regulations section of this Federal Register. List of Subjects in 40 CFR Part 435 Environmental protection, Pretreatment, Waste treatment and PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 67267 211111 211112 disposal, Water pollution control, Unconventional oil and gas extraction. Dated: September 22, 2016. Gina McCarthy, Administrator. [FR Doc. 2016–23458 Filed 9–29–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 43 CFR Part 2 [Docket ID: BSEE–2016–0001; 167E1700D2 EEAA010000 ET1EX0000.SZH000] RIN 1014–AA29 Privacy Act Regulations; Exemption for the Investigations Case Management System Bureau of Safety and Environmental Enforcement, Interior. ACTION: Proposed rule. AGENCY: The Department of the Interior is amending its regulations to exempt certain records in the Investigations Case Management System from one or more provisions of the Privacy Act because of civil and administrative law enforcement requirements. SUMMARY: Submit written comments on or before November 29, 2016. DATES: E:\FR\FM\30SEP1.SGM 30SEP1 67268 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules You may submit comments on this proposed rulemaking by any of the following methods. Please use the Regulation Identifier Number (RIN) 1014–AA29 as an identifier in your comments. BSEE may post all submitted comments, in their entirety, at: www.regulations.gov. 1. Federal eRulemaking Portal: www.regulations.gov. In the search box, enter ‘‘BSEE–2016–0001,’’ then click search. Follow the instructions to submit public comments and view supporting and related materials available for this rulemaking. 2. Mail or hand-carry comments to the Department of the Interior (DOI); Bureau of Safety and Environmental Enforcement; ATTN: Regulations and Standards Branch; 45600 Woodland Road, Mail Code VAE–ORP; Sterling, VA 20166. Please reference ‘‘Privacy Act Exemptions for the Investigations Case Management System, 1014–AA29,’’ in your comments and include your name and return address. FOR FURTHER INFORMATION CONTACT: Rowena Dufford, Bureau of Safety and Environmental Enforcement Privacy Act Officer, 45600 Woodland Road, Mail Stop VAE–MSD, Sterling, VA 20166. Email at Rowena.Dufford@bsee.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Background The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the means by which the U.S. Government collects, maintains, uses and disseminates personally identifiable information. The Privacy Act applies to records about individuals that are maintained in a ‘‘system of records.’’ A system of records is a group of any records under the control of an agency from which information about an individual is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. See 5 U.S.C. 552a(a)(4) and (5). An individual may request access to records containing information about him or herself, 5 U.S.C. 552a(b), (c) and (d). However, the Privacy Act authorizes Federal agencies to exempt systems of records from access by individuals under certain circumstances, such as where the access or disclosure of such information would impede national security or law enforcement efforts. Exemptions from Privacy Act provisions must be established by regulation, 5 U.S.C. 552a(k). The Department of the Interior (DOI) Bureau of Safety and Environmental Enforcement (BSEE) created the ‘‘Investigations Case Management VerDate Sep<11>2014 18:55 Sep 29, 2016 Jkt 238001 System (CMS), BSEE–01’’, system of records to enable BSEE to conduct and document civil administrative investigations related to incidents, operations of the Outer Continental Shelf (OCS), and employee misconduct investigations. The CMS will store, track, and analyze reportable injuries, the loss or damage of property, possible violations of Federal laws and regulations, and investigation information related to operations on the OCS to identify safety concerns or environmental risks. The CMS will contain investigatory materials related to possible criminal activity and referrals to internal and external law enforcement organizations as appropriate for investigation. Incident and non-incident data related to activity occurring on the OCS collected in support of investigations, regulatory enforcement, homeland security, and security (physical, personnel, stability, environmental, and industrial) activities may include data documenting investigation activities, enforcement recommendations, recommendation results, property damage, injuries, fatalities, and analytical or statistical reports. The CMS will also provide information for BSEE management to make informed decisions on recommendations for enforcement, civil penalties, and other administrative actions. In this notice of proposed rulemaking, DOI is proposing to exempt portions of the CMS system of records from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) because of civil and administrative law enforcement requirements. Under 5 U.S.C. 552a(k)(2), the head of a Federal agency may promulgate rules to exempt a system of records from certain provisions of 5 U.S.C. 552a if the system of records is ‘‘investigatory material complied for law enforcement purposes, other than material within the scope of subsection (j)(2).’’ Because this system of records contains investigative matters compiled for law enforcement purposes under the provisions of 5 U.S.C. 552a(k)(2), the Department of the Interior plans to exempt portions of the CMS system of records from one or more of the following provisions: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). Where a release would not interfere with or adversely affect investigations or enforcement activities, including but not limited to revealing sensitive information or compromising confidential sources, the exemption may be waived on a case-by-case basis. Exemptions from these particular PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 subsections are justified for the following reasons: 1. 5 U.S.C. 552a(c)(3). This section requires an agency to make the accounting of each disclosure of records required by the Privacy Act available to the individual named in the record upon request. Release of accounting of disclosures would alert the subjects of an investigation to the existence of the investigation and the fact that they are subjects of the investigation. The release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, and could seriously impede or compromise the investigation; and lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. 2. 5 U.S.C. 552(d); (e)(4)(G) and (e)(4)(H); and (f). These sections require an agency to provide notice and disclosure to individuals that a system contains records pertaining to the individual, as well as providing rights of access and amendment. Granting access to records in the CMS system of records could inform the subject of an investigation of the existence of that investigation, the nature and scope of the information and evidence obtained, the identity of confidential sources, witnesses, lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony; and disclose investigative techniques and procedures. 3. 5 U.S.C. 552a(e)(1). This section requires the agency to maintain information about an individual only to the extent that such information is relevant or necessary. The application of this provision could impair investigations and civil or administrative law enforcement, because it is not always possible to determine the relevance or necessity of specific information in the early stages of an investigation. Relevance and necessity are often questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established. Furthermore, during the course of the investigation, an investigator may obtain information concerning the violation of laws outside the scope of the investigator’s jurisdiction. BSEE investigators will refer information obtained outside of their civil or administrative jurisdictions to the appropriate agency. 4. 5 U.S.C. 552a(e)(4)(I). This section requires an agency to provide public notice of the categories of sources of records in the system. The application E:\FR\FM\30SEP1.SGM 30SEP1 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules of this section could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal. This could compromise BSEE’s ability to conduct investigations and to identify and detect violators. Procedural Requirements 1. Regulatory Planning and Review (Executive Orders 12866 and 13563) Executive Order 12866 provides that the Office of Information and Regulatory Affairs in the Office of Management and Budget will review all significant rules. The Office of Information and Regulatory Affairs has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nation’s regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. DOI developed this rule in a manner consistent with these requirements. asabaliauskas on DSK3SPTVN1PROD with PROPOSALS 2. Regulatory Flexibility Act DOI certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.). This rule does not impose a requirement for small businesses to report or keep records on any of the requirements contained in this rule. The exemptions to the Privacy Act apply to individuals, and individuals are not covered entities under the Regulatory Flexibility Act. 3. Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, VerDate Sep<11>2014 18:55 Sep 29, 2016 Jkt 238001 investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. 4. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments in the aggregate, or on the private sector, of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. This rule makes only minor changes to 43 CFR part 2. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. 5. Takings (E.O. 12630) In accordance with Executive Order 12630, the rule does not have significant takings implications. The rule is not a governmental action capable of interference with constitutionally protected property rights. This rule makes only minor changes to 43 CFR part 2. A takings implication assessment is not required. 6. Federalism (E.O. 13132). In accordance with Executive Order 13132, this rule does not have any federalism implications to warrant the preparation of a Federalism Assessment. The rule is not associated with, nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. A Federalism Assessment is not required. 7. Civil Justice Reform (E.O. 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: (a) Does not unduly burden the judicial system. (b) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (c) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. 8. Consultation With Indian Tribes (E.O. 13175) In accordance with Executive Order 13175, the Department of the Interior has evaluated this rule and determined that it would have no substantial effects on federally recognized Indian Tribes. PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 67269 9. Paperwork Reduction Act This rule does not require an information collection from 10 or more parties and a submission under the Paperwork Reduction Act is not required. 10. National Environmental Policy Act (NEPA) of 1969 This rule does not constitute a major Federal Action significantly affecting the quality of the human environment. A detailed statement under the National Environmental Policy Act of 1969 (NEPA) is not required because the rule is covered by a categorical exclusion. This rule meets the criteria set forth in 43 CFR 46.210(i), 516 Departmental Manual 15.4C(1), and the BSEE Interim NEPA Policy Document 2013–09, for a categorical exclusion. The rule’s administrative effects are to exempt CMS from certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2) because of civil and administrative law enforcement requirements and therefore would not have any environmental impacts. BSEE also analyzed this proposed rule to determine if it involves any of the extraordinary circumstances set forth in 43 CFR 46.215 that would require an environmental assessment or an environmental impact statement for actions otherwise eligible for a categorical exclusion. BSEE concluded that this rule does not meet any of the criteria for extraordinary circumstances. 11. Data Quality Act In developing this rule, there was no need to conduct or use a study, experiment, or survey requiring peer review under the Data Quality Act (Pub. L. 106–554). 12. Effects on Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in Executive Order 13211, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. A Statement of Energy Effects is not required. 13. Clarity of This Regulation We are required by Executive Order 12866 and 12988, the Plain Writing Act of 2010 (H.R. 946), and the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means each rule we publish must: —Be logically organized; —Use the active voice to address readers directly; —Use clear language rather than jargon; —Be divided into short sections and sentences; and E:\FR\FM\30SEP1.SGM 30SEP1 67270 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Proposed Rules —Use lists and table wherever possible. List of Subjects in 43 CFR Part 2 Administrative practice and procedure, Confidential information, Courts, Freedom of Information Act, Privacy Act. Dated: September 7, 2016. Kristen J. Sarri, Principal Deputy Assistant Secretary for Policy, Management and Budget. For the reasons stated in the preamble, the Department of the Interior proposes to amend 43 CFR part 2 as follows: PART 2—FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY 1. The authority citation for part 2 continues to read as follows: ■ Authority: 5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 U.S.C. 1460, 1461. 2. Amend § 2.254 to add paragraph (b)(18) to read as follows: ■ § 2.254 Exemptions. * * * * * (b) * * * (18) Investigations Case Management System (CMS), BSEE–01. [FR Doc. 2016–23707 Filed 9–29–16; 8:45 am] BILLING CODE 4310–VH–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R5–ES–2016–0030; 4500030113] RIN 1018–BB50 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Kenk’s Amphipod AGENCY: Executive Summary Fish and Wildlife Service, Interior. ACTION: Proposed rule. We, the U.S. Fish and Wildlife Service (Service), propose to list the Kenk’s amphipod (Stygobromus kenki), a ground water species from the District of Columbia, Maryland, and Virginia, as an endangered species under the Endangered Species Act (Act). If we finalize this rule as proposed, it would extend the Act’s protections to this species. The effect of this regulation will be to add the species to the List of Endangered and Threatened Wildlife. DATES: We will accept comments received or postmarked on or before November 29, 2016. Comments submitted electronically using the asabaliauskas on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 19:39 Sep 29, 2016 Jkt 238001 Federal eRulemaking Portal (see below) must be received by 11:59 p.m. Eastern Time on the closing date. We must receive requests for public hearings, in writing, at the address shown in FOR FURTHER INFORMATION CONTACT by November 14, 2016. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: http:// www.regulations.gov. In the Search box, enter FWS–R5–ES–2016–0030, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ (2) By hard copy: Submit by U.S. mail or hand-delivery to: Public Comments Processing, Attn: FWS–R5–ES–2016– 0030; U.S. Fish and Wildlife Service Headquarters, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041–3803. We request that you send comments only by the methods described above. We will post all comments on http:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments below for more information). FOR FURTHER INFORMATION CONTACT: Genevieve LaRouche, Field Supervisor, U.S. Fish and Wildlife Service, Chesapeake Bay Field Office, 177 Admiral Cochrane Drive, Annapolis, MD 21401, by telephone 410–573–4577 or by facsimile 410–269–0832. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800–877–8339. SUPPLEMENTARY INFORMATION: ADDRESSES Frm 00054 Fmt 4702 Information Requested Public Comments Why we need to publish a rule. Under the Act, if a species is determined to be an endangered or threatened species throughout all or a significant portion of its range, we are required to promptly publish a proposal in the Federal Register and make a determination on our proposal within 1 year. Critical habitat shall be designated, to the maximum extent prudent and determinable, for any species determined to be an endangered or threatened species under the Act. Listing a species as an endangered or threatened species and designating and revising critical habitat can be completed only by issuing a rule. What this document does. This document proposes the listing of the Kenk’s amphipod (Stygobromus kenki) PO 00000 as an endangered species. The Kenk’s amphipod is a candidate species for which we have on file sufficient information on its biological vulnerability and threats to support preparation of a listing proposal, but for which development of a listing regulation has been precluded by other higher priority listing activities. This proposed rule assesses the best available information and data regarding the status of and threats to the Kenk’s amphipod. The basis for our action. Under the Act, we can determine that a species is an endangered or threatened species based on any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) Overutilization for commercial, recreational, scientific, or educational purposes; (C) Disease or predation; (D) The inadequacy of existing regulatory mechanisms; or (E) Other natural or manmade factors affecting its continued existence. We have determined that the Kenk’s amphipod is in danger of extinction primarily due to poor water quality, erosion, and sedimentation resulting from urban runoff in Maryland and the District of Columbia (Factor A) and the effects of small population dynamics (Factor E) at all known locations. We will seek peer review. We will seek comments from independent specialists to ensure that our determination is based on scientifically sound data, assumptions, and analyses. We will invite these peer reviewers to comment on our listing proposal. Because we will consider all comments and information received during the comment period, our final determination may differ from this proposal. Sfmt 4702 We intend that any final action resulting from this proposed rule will be based on the best scientific and commercial data available and be as accurate and as effective as possible. Therefore, we request comments or information from the public, other concerned governmental agencies, Native American Tribes, the scientific community, industry, or any other interested parties concerning this proposed rule. We particularly seek comments concerning: (1) The Kenk’s amphipod’s biology, range, and population trends, including: (a) Biological or ecological requirements of the species, including habitat requirements for feeding, breeding, and sheltering; E:\FR\FM\30SEP1.SGM 30SEP1

Agencies

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Proposed Rules]
[Pages 67267-67270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23707]


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DEPARTMENT OF THE INTERIOR

Bureau of Safety and Environmental Enforcement

43 CFR Part 2

[Docket ID: BSEE-2016-0001; 167E1700D2 EEAA010000 ET1EX0000.SZH000]
RIN 1014-AA29


Privacy Act Regulations; Exemption for the Investigations Case 
Management System

AGENCY: Bureau of Safety and Environmental Enforcement, Interior.

ACTION: Proposed rule.

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SUMMARY: The Department of the Interior is amending its regulations to 
exempt certain records in the Investigations Case Management System 
from one or more provisions of the Privacy Act because of civil and 
administrative law enforcement requirements.

DATES: Submit written comments on or before November 29, 2016.

[[Page 67268]]


ADDRESSES: You may submit comments on this proposed rulemaking by any 
of the following methods. Please use the Regulation Identifier Number 
(RIN) 1014-AA29 as an identifier in your comments. BSEE may post all 
submitted comments, in their entirety, at: www.regulations.gov.
    1. Federal eRulemaking Portal: www.regulations.gov. In the search 
box, enter ``BSEE-2016-0001,'' then click search. Follow the 
instructions to submit public comments and view supporting and related 
materials available for this rulemaking.
    2. Mail or hand-carry comments to the Department of the Interior 
(DOI); Bureau of Safety and Environmental Enforcement; ATTN: 
Regulations and Standards Branch; 45600 Woodland Road, Mail Code VAE-
ORP; Sterling, VA 20166. Please reference ``Privacy Act Exemptions for 
the Investigations Case Management System, 1014-AA29,'' in your 
comments and include your name and return address.

FOR FURTHER INFORMATION CONTACT: Rowena Dufford, Bureau of Safety and 
Environmental Enforcement Privacy Act Officer, 45600 Woodland Road, 
Mail Stop VAE-MSD, Sterling, VA 20166. Email at 
Rowena.Dufford@bsee.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Privacy Act of 1974, as amended, 5 U.S.C. 552a, governs the 
means by which the U.S. Government collects, maintains, uses and 
disseminates personally identifiable information. The Privacy Act 
applies to records about individuals that are maintained in a ``system 
of records.'' A system of records is a group of any records under the 
control of an agency from which information about an individual is 
retrieved by the name of the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. See 
5 U.S.C. 552a(a)(4) and (5).
    An individual may request access to records containing information 
about him or herself, 5 U.S.C. 552a(b), (c) and (d). However, the 
Privacy Act authorizes Federal agencies to exempt systems of records 
from access by individuals under certain circumstances, such as where 
the access or disclosure of such information would impede national 
security or law enforcement efforts. Exemptions from Privacy Act 
provisions must be established by regulation, 5 U.S.C. 552a(k).
    The Department of the Interior (DOI) Bureau of Safety and 
Environmental Enforcement (BSEE) created the ``Investigations Case 
Management System (CMS), BSEE-01'', system of records to enable BSEE to 
conduct and document civil administrative investigations related to 
incidents, operations of the Outer Continental Shelf (OCS), and 
employee misconduct investigations. The CMS will store, track, and 
analyze reportable injuries, the loss or damage of property, possible 
violations of Federal laws and regulations, and investigation 
information related to operations on the OCS to identify safety 
concerns or environmental risks. The CMS will contain investigatory 
materials related to possible criminal activity and referrals to 
internal and external law enforcement organizations as appropriate for 
investigation.
    Incident and non-incident data related to activity occurring on the 
OCS collected in support of investigations, regulatory enforcement, 
homeland security, and security (physical, personnel, stability, 
environmental, and industrial) activities may include data documenting 
investigation activities, enforcement recommendations, recommendation 
results, property damage, injuries, fatalities, and analytical or 
statistical reports. The CMS will also provide information for BSEE 
management to make informed decisions on recommendations for 
enforcement, civil penalties, and other administrative actions.
    In this notice of proposed rulemaking, DOI is proposing to exempt 
portions of the CMS system of records from certain provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2) because of civil and 
administrative law enforcement requirements. Under 5 U.S.C. 552a(k)(2), 
the head of a Federal agency may promulgate rules to exempt a system of 
records from certain provisions of 5 U.S.C. 552a if the system of 
records is ``investigatory material complied for law enforcement 
purposes, other than material within the scope of subsection (j)(2).''
    Because this system of records contains investigative matters 
compiled for law enforcement purposes under the provisions of 5 U.S.C. 
552a(k)(2), the Department of the Interior plans to exempt portions of 
the CMS system of records from one or more of the following provisions: 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). 
Where a release would not interfere with or adversely affect 
investigations or enforcement activities, including but not limited to 
revealing sensitive information or compromising confidential sources, 
the exemption may be waived on a case-by-case basis. Exemptions from 
these particular subsections are justified for the following reasons:
    1. 5 U.S.C. 552a(c)(3). This section requires an agency to make the 
accounting of each disclosure of records required by the Privacy Act 
available to the individual named in the record upon request. Release 
of accounting of disclosures would alert the subjects of an 
investigation to the existence of the investigation and the fact that 
they are subjects of the investigation. The release of such information 
to the subjects of an investigation would provide them with significant 
information concerning the nature of the investigation, and could 
seriously impede or compromise the investigation; and lead to the 
improper influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony.
    2. 5 U.S.C. 552(d); (e)(4)(G) and (e)(4)(H); and (f). These 
sections require an agency to provide notice and disclosure to 
individuals that a system contains records pertaining to the 
individual, as well as providing rights of access and amendment. 
Granting access to records in the CMS system of records could inform 
the subject of an investigation of the existence of that investigation, 
the nature and scope of the information and evidence obtained, the 
identity of confidential sources, witnesses, lead to the improper 
influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony; and disclose investigative techniques and 
procedures.
    3. 5 U.S.C. 552a(e)(1). This section requires the agency to 
maintain information about an individual only to the extent that such 
information is relevant or necessary. The application of this provision 
could impair investigations and civil or administrative law 
enforcement, because it is not always possible to determine the 
relevance or necessity of specific information in the early stages of 
an investigation. Relevance and necessity are often questions of 
judgment and timing, and it is only after the information is evaluated 
that the relevance and necessity of such information can be 
established. Furthermore, during the course of the investigation, an 
investigator may obtain information concerning the violation of laws 
outside the scope of the investigator's jurisdiction. BSEE 
investigators will refer information obtained outside of their civil or 
administrative jurisdictions to the appropriate agency.
    4. 5 U.S.C. 552a(e)(4)(I). This section requires an agency to 
provide public notice of the categories of sources of records in the 
system. The application

[[Page 67269]]

of this section could disclose investigative techniques and procedures 
and cause sources to refrain from giving such information because of 
fear of reprisal. This could compromise BSEE's ability to conduct 
investigations and to identify and detect violators.

Procedural Requirements

1. Regulatory Planning and Review (Executive Orders 12866 and 13563)

    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs in the Office of Management and Budget will review 
all significant rules. The Office of Information and Regulatory Affairs 
has determined that this rule is not significant. Executive Order 13563 
reaffirms the principles of E.O. 12866 while calling for improvements 
in the nation's regulatory system to promote predictability, to reduce 
uncertainty, and to use the best, most innovative, and least burdensome 
tools for achieving regulatory ends. The executive order directs 
agencies to consider regulatory approaches that reduce burdens and 
maintain flexibility and freedom of choice for the public where these 
approaches are relevant, feasible, and consistent with regulatory 
objectives. E.O. 13563 emphasizes further that regulations must be 
based on the best available science and that the rulemaking process 
must allow for public participation and an open exchange of ideas. DOI 
developed this rule in a manner consistent with these requirements.

2. Regulatory Flexibility Act

    DOI certifies that this document will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601, et seq.). This rule does not 
impose a requirement for small businesses to report or keep records on 
any of the requirements contained in this rule. The exemptions to the 
Privacy Act apply to individuals, and individuals are not covered 
entities under the Regulatory Flexibility Act.

3. Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

4. Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments in the aggregate, or on the private sector, of more 
than $100 million per year. The rule does not have a significant or 
unique effect on State, local, or tribal governments or the private 
sector. This rule makes only minor changes to 43 CFR part 2. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

5. Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. The rule is not a governmental action 
capable of interference with constitutionally protected property 
rights. This rule makes only minor changes to 43 CFR part 2. A takings 
implication assessment is not required.

6. Federalism (E.O. 13132).

    In accordance with Executive Order 13132, this rule does not have 
any federalism implications to warrant the preparation of a Federalism 
Assessment. The rule is not associated with, nor will it have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. A 
Federalism Assessment is not required.

7. Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
Specifically, this rule:
    (a) Does not unduly burden the judicial system.
    (b) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (c) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

8. Consultation With Indian Tribes (E.O. 13175)

    In accordance with Executive Order 13175, the Department of the 
Interior has evaluated this rule and determined that it would have no 
substantial effects on federally recognized Indian Tribes.

9. Paperwork Reduction Act

    This rule does not require an information collection from 10 or 
more parties and a submission under the Paperwork Reduction Act is not 
required.

10. National Environmental Policy Act (NEPA) of 1969

    This rule does not constitute a major Federal Action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 (NEPA) is not 
required because the rule is covered by a categorical exclusion. This 
rule meets the criteria set forth in 43 CFR 46.210(i), 516 Departmental 
Manual 15.4C(1), and the BSEE Interim NEPA Policy Document 2013-09, for 
a categorical exclusion. The rule's administrative effects are to 
exempt CMS from certain provisions of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2) because of civil and administrative law enforcement 
requirements and therefore would not have any environmental impacts. 
BSEE also analyzed this proposed rule to determine if it involves any 
of the extraordinary circumstances set forth in 43 CFR 46.215 that 
would require an environmental assessment or an environmental impact 
statement for actions otherwise eligible for a categorical exclusion. 
BSEE concluded that this rule does not meet any of the criteria for 
extraordinary circumstances.

11. Data Quality Act

    In developing this rule, there was no need to conduct or use a 
study, experiment, or survey requiring peer review under the Data 
Quality Act (Pub. L. 106-554).

12. Effects on Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. A 
Statement of Energy Effects is not required.

13. Clarity of This Regulation

    We are required by Executive Order 12866 and 12988, the Plain 
Writing Act of 2010 (H.R. 946), and the Presidential Memorandum of June 
1, 1998, to write all rules in plain language. This means each rule we 
publish must:

--Be logically organized;
--Use the active voice to address readers directly;
--Use clear language rather than jargon;
--Be divided into short sections and sentences; and

[[Page 67270]]

--Use lists and table wherever possible.

List of Subjects in 43 CFR Part 2

    Administrative practice and procedure, Confidential information, 
Courts, Freedom of Information Act, Privacy Act.

    Dated: September 7, 2016.
Kristen J. Sarri,
Principal Deputy Assistant Secretary for Policy, Management and Budget.
    For the reasons stated in the preamble, the Department of the 
Interior proposes to amend 43 CFR part 2 as follows:

PART 2--FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 301, 552, 552a, 553; 31 U.S.C. 3717; 43 
U.S.C. 1460, 1461.

0
2. Amend Sec.  2.254 to add paragraph (b)(18) to read as follows:


Sec.  2.254  Exemptions.

* * * * *
    (b) * * *
    (18) Investigations Case Management System (CMS), BSEE-01.

[FR Doc. 2016-23707 Filed 9-29-16; 8:45 am]
 BILLING CODE 4310-VH-P